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Read your governing documents, and determine what action must be taken before a lien is filed.

When you're ready to file a lien, work with your association-savvy attorney to accomplish this task.

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Q: How do you assess a lien on property in a property owners association?
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What is an assesment lien?

An assessment lien is a legal claim on an owners property for collateral against delinquent assessments for a homeowners' association. They are provided for in the governing documents of an association.


What property can they lien if I don't pay my HOA Fees?

Generally, the association will work with its counsel to file a lien on your property that you own within the association.


Can a home owners association file a lien against your personal name or just your property?

Read your governing documents to determine whether you are personally liable for what you owe the association, or not. In any event, having a lien filed against the title for property you own will probably be noted on your credit reports, so you are implicated personally in that way when the lien is filed against the property.


Can an association rent a property after putting a lien on it?

When an association owns a property, it can rent the property. In this case, the association probably doesn't own the property, else why has a lien been filed. The property owner's title is clouded by the lien, and the property is still owned by the owner. The association may want to work with the owner to rent the property, to produce an income stream. The final decision, however, remains with the property owner.


How do you fight homeowners association that placed a lien on your property?

Best practices dictate that you hire a local, common interest community-savvy attorney who works with owners who can help you defend this lien, or help you settle it.


How does a homeowners association release a lien against a property when the lien has been paid?

Association counsel -- or the attorney who help the association place the lien, can help you release it, or instruct the owner as to how to go about this action.


What is an involuntary lien against my property?

An involuntary lien would be a judgment lien by a creditor, a lien for unpaid property taxes or income taxes, a demolition lien, a lien for unpaid common expenses or homeowners association dues or a mechanic's lien. Contrast that with a lien you granted in your property such as a mortgage which would be a voluntary lien.


What happens when a lien is put on your home by the homeowners association?

Your association placed a lien on your property based on your failure to pay your assessments. The easiest way for you to clear the lien is to pay the debt you owe and ask the association to release the lien. (Assessments pay for the maintenance of the property that you own together with all the other owners in the association. You agreed to pay assessments when you purchased your property.) Your board has attempted to collect your unpaid assessments, and is chartered by your governing documents to collect this debt. The lien clouds the title to your property, so you will have trouble selling it without paying the debt and authorizing the association to release the lien. A clouded title can become problematic should you desire to refinance your home, take out another mortgage on it or otherwise use your title as collateral. In addition, a lien against your property will probably appear on your credit report. Some associations can also foreclose on your property and sell it to satisfy the debt that you owe. Your governing documents will clarify where in the collection process, filing a lien might be positioned.


Can an HOA collect unpaid dues on a forclosed property?

Whoever is the titled owner of the property is responsible for paying assessments. Read your governing documents to determine the steps that the association can take to collect debts that owners owe.


Can a home owners association file a lien against you for needing to fix a piece of wood on the house and paint it?

The definition of a lien is essentially a claim to keep property -- in your case, cloud your title -- until a debt is paid. In order to file a lien, you must owe the association money, either in the form of fines for this violation, or in the form of bills for the required repair. Without money being involved, a lien is not an appropriate tool for the association to use to simply 'get your attention' for your violation of a covenant, condition, regulation or restriction that you agreed to when you purchased your property.


Can a leisure club file a lien against properties not situated in the associations boundaries for unpaid dues?

Of course--if the association likes to pay attorney fees and court costs to the property owners whose land title was slandered by the lien. If the association is not in the deed of the property, then the association has no authority to compel payment of dues. For the same reason, those property owners have no authority to enjoy property and facilities owned by the association. Check with a title company to see if the association is in the deed of the delinquent properties.Another PerspectiveSometimes early property owners adjacent to lake communities will voluntarily join the association and thereby make the facilities appurtenant to their own lots and make their property subject to its rules and regulations. Also, adjacent tract owners may voluntarily make their lots subject to the rules and regulations in order to maintain the community at a high standard and attract buyers. You need to consult with the attorney who represented you when you purchased the property to determine if your property was ever made subject to the rules and regulations of the leisure community. That information would be disclosed by a comprehensive title examination.


What does it mean to put a lien on someone's condo?

A lien is a legal instrument which prevents the property it is attached to from being transferred, sold, refinanced, and so forth by the owners until the debt pertaining to the judgment lien is paid in full or satisfied.A "perfected lien" against real property becomes a secured debt and in some states under specific conditions it allows the lien holder to petition the court for the forced sale of the named property.Another AnswerWhen a lien is filed on a condominium, the lien is based on a standing agreement between the owner and the association that the owner will pay monies to the association which have not been paid. There is no 'judgement' involved.You can find the details of this agreement in the association's governing documents.Once a lien is filed, it not only clouds title to the property, as above, but can appear on the owner's credit report.